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DOJ, sheriff file responses in summary judgment pleas

By Chris Lavender / Times-News

Published: Wednesday, April 9, 2014 at 06:25 PM.

GRAHAM — The U.S. Justice Department and an attorney representing Sheriff Terry Johnson have filed responses to motions requesting summary judgment from a federal court in a lawsuit filed against Johnson over accusations he and his department have discriminated against Latinos.

“Defendant’s Motion for Summary Judgment simply ignores overwhelming evidence showing that the Alamance County Sheriff’s Office engages in a pattern or practice of unconstitutional traffic enforcement activities,” the DOJ’s latest motion stated. “The United States developed evidence of ACSO’s unconstitutional policing through extensive discovery, including more than 50 depositions, tens of thousands of pages of emails and other documents, and multiple expert analyses of ACSO’s enforcement records. Yet Defendant’s summary judgment motion reads as if discovery never occurred.

The DOJ filed its response to attorney Chuck Kitchen’s request for summary judgment Friday. Kitchen represents Johnson. Kitchen filed a motion Monday in response to a similar request by the DOJ.

“The Sheriff has not directed his officers to ‘target’ Latinos as alleged by the Plaintiff,” Kitchen’s motion stated.

Many current and former deputies testified that they did not engage in racial profiling, Kitchen stated in the motion, nor were they aware of anyone at the Sheriff’s Office who did engage in racial profiling. Kitchen also stated that Johnson relies on the training of his officers to provide guidance on probable cause and reasonable suspicion on making vehicle stops.

“The credibility of the individuals who claim Sheriff Johnson made the remarks and gave discriminatory directives is in question,” Kitchen’s motion stated. “Each of the individuals has his own ‘ax to grind’ with the Sheriff as shown by the facts.”

GRAHAM — The U.S. Justice Department and an attorney representing Sheriff Terry Johnson have filed responses to motions requesting summary judgment from a federal court in a lawsuit filed against Johnson over accusations he and his department have discriminated against Latinos.

“Defendant’s Motion for Summary Judgment simply ignores overwhelming evidence showing that the Alamance County Sheriff’s Office engages in a pattern or practice of unconstitutional traffic enforcement activities,” the DOJ’s latest motion stated. “The United States developed evidence of ACSO’s unconstitutional policing through extensive discovery, including more than 50 depositions, tens of thousands of pages of emails and other documents, and multiple expert analyses of ACSO’s enforcement records. Yet Defendant’s summary judgment motion reads as if discovery never occurred.

The DOJ filed its response to attorney Chuck Kitchen’s request for summary judgment Friday. Kitchen represents Johnson. Kitchen filed a motion Monday in response to a similar request by the DOJ.

“The Sheriff has not directed his officers to ‘target’ Latinos as alleged by the Plaintiff,” Kitchen’s motion stated.

Many current and former deputies testified that they did not engage in racial profiling, Kitchen stated in the motion, nor were they aware of anyone at the Sheriff’s Office who did engage in racial profiling. Kitchen also stated that Johnson relies on the training of his officers to provide guidance on probable cause and reasonable suspicion on making vehicle stops.

“The credibility of the individuals who claim Sheriff Johnson made the remarks and gave discriminatory directives is in question,” Kitchen’s motion stated. “Each of the individuals has his own ‘ax to grind’ with the Sheriff as shown by the facts.”

Kitchen’s motion also stated that “the allegations that Sheriff Johnson has made statements evidencing personal bias against Latinos are either taken out of context or misrepresented. It should first be noted that Sheriff Johnson does not claim to be a skilled orator or an attorney. While some of his statements may not sound politically correct taken out of context, that does not imply that the Sheriff has a bias against Latinos.”

Kitchen stated, “The allegations the Plaintiff makes are either contested by several different witnesses, or taken out of context to attempt to make innocent remarks appear discriminatory.”

The DOJ argued that Kitchen’s request for summary judgment “ignores virtually all evidence of the anti-Latino culture that pervades ACSO. Sheriff Johnson and his command staff foster a culture of bias against Latinos by making derogatory comments about Latinos and failing to discipline officers who sent anti-Latino emails, make inappropriate ethnic jokes, or use ethnic slurs.”

In June 2010, the DOJ first notified Alamance County and Johnson of an investigation into allegations of discriminatory policing and unconstitutional searches and seizures. On Sept. 18, 2012, the department issued a formal findings letter detailing ACSO’s alleged discriminatory policing practices against Latinos. Johnson has repeatedly denied the allegations.

The DOJ had invited the Sheriff’s Office in 2012 to negotiate a court enforceable agreement to remedy the alleged violations. The Sheriff’s Office declined the offer, which led to the DOJ’s decision to sue Johnson in December 2012. A trial is scheduled for July.